00:00After the argument of defense,
00:04it is a confirmation of charges
00:07by the President of Duterte
00:09at the International Criminal Court.
00:11A couple of days,
00:12it is a defense that
00:15is not enough evidence
00:17for the prosecution
00:18to make the reclame
00:21against the President of Duterte.
00:24In the case of his lawyer
00:25at the prosecution
00:28at the prosecution
00:28at the prosecution
00:29and Mustipa
00:31for the prosecution
00:33and the prosecution
00:33that the prevention
00:34is to divide the prosecution
00:43to make the prosecution
00:45as the result
00:46of the president
00:47and police teacher
00:47at the co-perpetrator
00:50at the intention of criminal
00:51to it.
00:52The prosecution
00:54is that the prosecution
01:00If the prosecution's case for the common plan in counts 2 and 3 is based on command circular number 16
01:14of 2016,
01:17we might as well pack up and go home because Mr. Duterte is simply not guilty.
01:25Inilatag din ang depensa ang kahinaan o manon ng mga ebidensya ng prosekusyon para patunayan na ang dating Pangulo ang
01:32kumamada leader at nagutos ng mga extrajudicial killings nung mayor siya ng Davao City hanggang maging presidente.
01:39Kabilang dyan ang paggamit ng testimonya ng mga anyay self-confessed murderers.
01:43According to the prosecution, members of the Davao Deaf Squad had to seek clearance from Mr. Duterte to conduct killings
01:53in Davao City.
01:56For this wild assertion, the prosecution relies once again on the evidence of criminals it has recruited.
02:06All of whom are inherently unreliable because of their being self-confessed vicious murderers testifying in return for virtual immunity
02:18from proceedings at the ICC.
02:21Kinwestion din ni Kaufman ang pagpili ng mga testigo ng prosekusyon sa tulong daw ng ilang tao dito sa bansa.
02:27I also talked about a recorded telephone conversation in which one of the participants bragged about acting as President Marcos
02:39Jr.'s silent partner for channeling witnesses to the ICC.
02:43This is what this covertly recorded individual, who I am forbidden from naming, said.
02:53They cooperate through me, since I don't hold a position, redacted.
02:59But we are able to do it.
03:01So what?
03:03What happened here is an ICC investigator will give me a list of witnesses, documents they need to bolster the
03:12case against Duterte.
03:13Then I provide it.
03:16I give it to the different agencies so it can be approved.
03:21There are witnesses who need a pardon.
03:24I get the authority from the President.
03:26And they are granted a pardon.
03:29Basically, like that, it becomes a priority mission of the government.
03:34Mali rin daw ang intindin ng prosekusyon na ang ibig sabihin ng to neutralize ay katumbas ng pagpatay base sa
03:41memo ni Chief PNP Bato de la Rosa pag-upo noong July 2016.
03:46Naipaliwanag naman daw ni de la Rosa sa isang memo na ang neutralization ay pag-aresto o pagpapatigil sa mga
03:52suspect.
03:53Kahit daw sariling testigo ng prosekusyon ay ganitong sinabi.
03:56Witnesses P-1158 and P-1170 explained that neutralize means to arrest or to incarcerate through legal means.
04:13It did not mean to kill.
04:18Witnesses P-1050 and P-1174 confirmed that lethal force arose only where a suspect's resistance placed an officer's life
04:34at risk.
04:34Your Honours, taken together, the manual, the public clarifications by police leadership, the state's position before the highest court in
04:47the Philippines,
04:48and even the prosecution's own corroborative witness testimony, all of this material demonstrates a coherent and consistent understanding
05:01that neutralization was articulated as lawful incapacitation through arrest and related measures, not as a policy of killing.
05:16Imposible rin daw ang akusasyon na widespread o malawakan ang mga pagpatay na inaakusa kay Duterte.
05:22Base raw mismo sa datos ng PIDEA, kumpara sa bilang ng mga naaresto,
05:26mas maliit ang bilang ng mga namatay sa mga anti-drug operations.
05:30Ginamit ni Kaufman ang datos na mula sa prosekusyon dahil may hindi raw isinama.
05:35She neglected to contextualize these numbers by reference to other parts of the same report
05:41which show that in comparison to the number of arrests and operations conducted, the number of deaths are minimal.
05:50Ibinaling din ni Kaufman ang atensyon kay Pangulong Bombong Marcos dahil marami rin umano ang napatay sa bansa mula nung
05:57umupo siya.
05:57Clearly, I'm forced to ask myself whether anyone on the other side of this room has thought of investigating the
06:08Marcos regime
06:09and the related phenomenon and holding someone accountable.
06:15Why are my colleagues sitting to their right, the victims' representatives, not clamoring for accountability for those deaths?
06:24Or is it of no consequence now that Mr. Duterte is sitting in the ICC Detention Center?
06:32Sabi ni Kaufman, may option ang pre-trial chamber na hindi niya inererekomenda.
06:37Ito ay ang pagbabalik ng charges sa prosekusyon para i-resubmit ang mga ito.
06:41Pero kung gagawin daw ito, dapat ding pakawalan pansamantala si Duterte.
06:45There is no ascertainable chain of command descending from Duterte at the top, via the co-perpetrators, so-called co
06:56-perpetrators, all the way down to the crime base.
06:59And I would ask you very respectfully not to exercise your discretion, to re-qualify pursuant to regulation 55 of
07:11the regulations of the court.
07:14But if you do, if you do, and you shouldn't, I respectfully submit, you should order the prosecution to re
07:25-submit its document containing the charges and its pre-confirmation brief as amended and to release Mr. Duterte in the
07:34interim.
07:35Pero kung ang depensa ang tatanungin, hindi na dapat umakyat pa sa paglilitis ang mga reklamo.
07:40The defence firmly submits that the pretrial chamber should not commit any one of the 49 incidents to trial
07:48unless it concludes that there are substantial grounds to believe that Mr. Duterte's criminal linkage and liability has been established
07:59for each one.
08:03When these 49 incidents are disaggregated and examined one by one, as the statute requires, we submit,
08:16what becomes apparent is not the cumulative strength, rather the recurrence of certain symptoms of inherent weakness in the evidence.
08:29Mula rito sa The Hague Netherlands, para sa GMA Integrated News, Marise Umali Nakatutok, 24 Horas.
Comments